Law Commons^™

Anthropology, Human Rights, And Legal Knowledge: Culture In The Iron Cage, Annelise Riles

Cornell Law Faculty Publications

In this article, I draw on ethnography in the particular zone of engagement between anthropologists, on the one hand, and human rights lawyers who are skeptical of the human rights regime, on the other hand. I argue that many of the problems anthropologists encounter with the appropriation and marginalization of anthropology's analytical tools can be understood in terms of the legal character of human rights. In particular, discursive engagement between anthropology and human rights is animated by the pervasive instrumentalism of legal knowledge. I contend that both anthropologists who seek to describe the culture of human rights and lawyers who …

Modeling For Management In A Compliance World, Christopher D. Dore, Luann Wandsnider

Department of Anthropology: Faculty Publications

In practice, compliance-driven cultural resource “management” and its requirements for resource location, evaluation, impact assessment, and mitigation manifests a fundamentally different use of geospatial predictive modeling than do research-oriented investigations. This difference primarily results from the lack of an iterative research design. In research-oriented modeling, iterations of model building and model testing gradually build a more robust model and lead to an increased understanding of the variables that condition human spatial behavior in the past. In a compliance environment, spatial models are rarely built and evaluated; rather, once built, they are applied in a single iteration. An assumption is made …

Faculty And Male Football And Basketball Players On University Campuses: An Empirical Investigation Of The "Intellectual" As Mentor To The Student Athlete, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

Escaping The Cultural Context Of Human Rights, Andrew Fagan

Human Rights & Human Welfare

A review of:

The Liberal Archipelago: A Theory of Diversity and Freedom by Chandran Kukathas. Oxford, UK: Oxford University Press, 2003. pp.292

Book Review: Neither Kin Nor Kind: The Peculiar Ties That Bond Organ Donors, Their Families And Transplant Recipients, Bradley T. Miller

Journal of Law and Health

Reviewing Strange Harvest: Organ Transplants, Denatured Bodies, and the Transformed Self by Leslie A. Sharp, Berkeley, Cal., University of California Press, 2006.

Race, Religion And Law: The Tension Between Spirit And Its Institutionalization, George H. Taylor

Articles

My reflections flow from some recent writings by the critical race scholar Derrick Bell. Bell acknowledges that in prior work he has focused on the "the economic, political, and cultural dimensions of racism" but now suggests the possibility of a "deeper foundation" arising from the conjunction that "[m]ost racists are also Christians." This statement is Bell at his best: at once both extremely provocative and extremely unsettling. I want to explore and develop two aspects of Bell's argument.

First, if we want to examine and understand the many dimensions of racism, it is not enough to employ economic, political, or …

Social Software, Groups, And Governance, Michael J. Madison

Articles

Formal groups play an important role in the law. Informal groups largely lie outside it. Should the law be more attentive to informal groups? The paper argues that this and related questions are appearing more frequently as a number of computer technologies, which I collect under the heading social software, increase the salience of groups. In turn, that salience raises important questions about both the significance and the benefits of informal groups. The paper suggests that there may be important social benefits associated with informal groups, and that the law should move towards a framework for encouraging and recognizing them. …

The Idea Of The Law Review: Scholarship, Prestige, And Open Access, Michael J. Madison

Articles

This Essay was written as part of a Symposium on open access publishing for legal scholarship. It makes the claim that open access publishing models will succeed, or not, to the extent that they account for the existing economy of prestige that drives law reviews and legal scholarship. What may seem like a lot of uncharitable commentary is intended instead as an expression of guarded optimism: Imaginative reuse of some existing tools of scholarly publishing (even by some marginalized members of the prestige economy - or perhaps especially by them) may facilitate the emergence of a viable open access norm.

Metaphor, Objects, And Commodities, George H. Taylor, Michael J. Madison

Articles

This Article is a contribution to a Symposium that focuses on the ideas of Margaret Jane Radin as a point of departure, and particularly on her analyses of propertization and commodification. While Radin focuses on the harms associated with commodification of the person, relying on Hegel's idea of alienation, we argue that objectification, and in particular objectification of various features of the digital environment, may have important system benefits. We present an extended critique of Radin's analysis, basing the critique in part on Gadamer's argument that meaning and application are interrelated and that meaning changes with application. Central to this …

Integrating Indigenous Cultural Traditions In The Management Of Protected Marine Resources – The Fiordland Example, James Mize

James Mize

Indigenous communities that rely upon natural resources for their cultural practices and livelihood depend on the health of the ecosystem for traditional practices to continue. Yet government efforts to protect ecosystem integrity by “locking up” resources in spatially-explicit management regimes that prohibit resource use risks the disruption of indigenous cultural traditions compatible with sustainability. This tension can be seen in the Te Wāhipounamu / South West New Zealand (Fiordland) area, a designated UNESCO World Heritage Site, subject to increasing pressure from visitors and other non-traditional use. New Zealand statutes governing the management of adjacent marine resources recognize and incorporate Māori …

Faculty And Male Football And Basketball Players On University Campuses: An Empirical Investigation Of The "Intellectual" As Mentor To The Student Athlete, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.